Terms and Conditions
Unless otherwise agreed in writing, the Terms and Conditions of Purchase that apply to the purchase of the items (hereinafter Items) or services (hereinafter Services), set forth on the face of this quote (hereinafter Quote), or exhibits hereto, are those set forth below, those printed on or added to the face of this Quote, those that are contained in attachments or exhibits attached hereto and those that are implied by statute and common law which are not inconsistent therewith.
Conflicting Terms and Conditions. In the event there is a conflict between previous terms and conditions and new terms and conditions the latest version of the Quantum Web Solutions (QWS) terms and conditions will always prevail. Any additional attachments to this quote or in any other form of writing relating to service(s) provided by Quantum Web Solutions are also legally binding. Terms and Conditions will change on over time.
CMS Website
QWS use our own custom developed CMS (Content Management System). Where a CMS forms part of your quote, it is a requirement that we use our choice of web hosting company, to ensure full compatibility of the CMS with the web servers. Where this is simply not possible for you the client, then we reserve the right to charge reconfiguration costs. We cannot 100% guarantee successfully installation of the CMS on your chosen web servers. Cheap Hosting servers very often have limited functionality.
Should any changes occur on your 3rd party servers at anytime effecting the functioning of your website. Support or fixing any problems, are charged at our hourly rate.
Domain Name and Web Hosting
Ownership of the Domain name and/or web hosting will not be transferred until full payment of the accepted quote is received. Should the project be cancelled before completion, an administration fee of $80 ex GST and all outstanding costs must first be paid for will apply to have the domain name and web hosting transferred to you the client.
The date of the web hosting payment, starts the day the project is initiated.
Please note, web/e-mail hosting support is available between Monday to Friday: 9am to 5pm.
Hosting / Domain Renewals – If your hosting renewal payment is not received at least 48 working hours before the renewal date, QWS hold no responsibility for loss of e-mail or web services. Web hosting is automatically suspended on midnight of the expiry date. We do not renew on your behalf for 3rd party domains or hosting services.
3rd Party Web Hosting - Quantum Web Solutions hold no responsibility over errors or downtime caused by third party web hosting companies. If a web hosting company makes changes to the hosting servers which cause changes to be required on your website, or you require QWS to call your web hosting company to resolve hosting issues, this will be charged to you the client at QWS hourly rates.
Our Hosting Servers
Where the web hosting company we use no longer provide a service level to you the client we think meets acceptable standards, we may look at moving your site to another web hosting provider, and as such, this may incur additional costs which may include: Increased web hosting costs, and an administration fee for moving the site over to the new host. Where additional fees will be incurred to you the client, moving of the site will be discussed before this takes place. Where you do not wish to move over to a new provider suggested by us, setup of the website on the new server will be your responsibility, or we will charge at an hourly rate to move the site on your behalf.
Website Access
It is understood that the client will provide Quantum Web Solutions with FTP access, and all other administration access such as hosting ‘control panel’, CMS admin access etc to portions of the website included in this quote or any other agreed documentation. If the client is unwilling or unable to provide this information, then a full requote may be required
Payment Terms
Deposit - Quantum Web Solutions require a 40% deposit for the total value of the quote which includes the domain name and web hosting costs. Upon approval of the design draft, an additional 30% is required, with the balance payable on completion. This amount is non-refundable once the project has commenced, unless it falls within the guidelines of our guarantee.
The agreed quote includes all services requested by the client up to and including the point of the date identified on the quote. Any services requested after this date are not included in the quote and therefore carry additional costs. Such additional services may include (but are not limited to) additional pages or image galleries. In the event that additional services are required, Quantum Web Solutions will advise the end user of the additional costs associated (in writing). The end user must confirm (in writing) they are satisfied with the additional services and their associated costs before work is commenced in relation to these services.
Payments and Refund Policy
Quantum Web Solutions refund policy and forms part of the terms and conditions.
If the project is delayed for any reason due to the client’s circumstances; after a twenty one day period, an invoice requesting part payment may be requested before the project is fully completed. Part payment will be based on what Quantum Web Solutions deem as the work completed.
Design Layout
An initially draft will be created for the design layout and colours. Should you the client change the colours or layout after the draft has been accepted and the project has started additional costs may be applied at the standard hourly rate listed on the quote. We do of course understand that ‘tweaking’ will be needed to get the site perfect before the final version. This is standard and does not incur additional costs. If the client has specified a design layout to be used, and the quote is based on that, any changes from this design will be subject to additional costs.
Image Use
All images used by Quantum Web Solutions on our clients websites remain the property of Quantum Web Solutions -or a third party- unless the images are provided by the client for specific use on the clients website. Quantum Web Solutions only uses images that are Royalty Free or owned by Quantum Web Solutions. Quantum Web Solutions is of the understanding that when a client provides us with their own image(s) that the client has permission/ownership to use the images for their website. Quantum Web Solutions holds no responsibility should a client supply us with an image they do not own or do not have permission to use. The client holds all liability should any legal claim arise due to incorrect usage.
The included quote includes up to two low cost royalty free images per page where applicable. Any special requests for imagery may incur a further cost over and above the quote, unless originally specified before the quote has been put together. Where it is required that images need to be edited based on the customer’s specifications, Quantum Web Solutions reserve the right to charge additional costs.
Outdated Web Browsers
We do not build websites to work properly without dated web browsers such as Internet Explorer 6 and previous versions, or web browsers not commonly used. Where you require QWS to build the website to cater for these browsers, additional costs charged only at an hourly rate without any type of fixed cost or guarantee will be charged.
Support
Please note that we are not an IT Support company, and as such are not technical experts in such things as e-mail problems, general internet connectivity, desktop / laptop support. For any IT related issues, these need to be referred to your IT support person/company. For e-mail setup, we have step-by-step instructions for most common e-mail applications we can provide upon request. We can help with your e-mail setup over the phone, and this is charged at our hourly rate. Alternately, you can contact your ISP for help, providing them with the e-mail settings outlined in our documentation.
Website Copyright
While the client holds ownership of the website, and can make changes to the website as they see fit, design of the website is copyright to Quantum Web Solutions. I.e. The client cannot duplicate (more than one website of the same design at the same time) the website and host it on another domain or website without permission from Quantum Web Solutions.
The CMS (content management system) and backend development of the website is copyrighted to Quantum Web Solutions, and under no circumstances may any part of these files be copied and reused by anyone other than Quantum Web Solutions or its contractors, whether it be portions of the programming, or the full CMS.
Any breach of this copyright may lead to prosecution under the applicable state or country laws and the you the client will be liable for any costs associated with the usage of any of QWS’s copyrighted IP. All design files remain the property of Quantum Web Solutions, but may be purchased at additional cost.
Website Content
It is the responsibility of the client to provide content for the website and unless otherwise outlined in the quote, content is not a part of the quote costs. Quantum Web Solutions provide advice on the most appropriate layout for the content, and to what type of content is required. If you wish Quantum Web Solutions to edit your or proof read content, we would be happy to provide a quote for this service.
Spelling – It is the responsibility of the client before any content is provided to Quantum Web Solutions. Any changes to content after the content has been provided and added to the website will incur standard hourly costs. If you wish us to check your spelling, please advise, this may be at an additional cost, industry technical or medical terms will not usually be understood by a spell checking tool.
Privacy Notice
Quantum Web Solutions values your privacy. Any information provided to Quantum Web Solutions will remain confidential, and not shared with anyone other than employees or where required, contractors of Quantum Web Solutions.
General
Quantum Web Solutions reserve the right to place a small link at the bottom of each page of the website referencing that the website has been built by Quantum Web Solutions. The text used will be of our choosing. This link must remain active for the life of the site, unless otherwise agreed to.
Costs may be subject to change. The rates listed in this quote represent Quantum Web Solutions hourly rates at the date of this quote. Only line items within the quote are fixed, and only for 30 days from the date of the quote. Should the project be delayed for more than 30 days, and QWS costs increase within that time, we reserve the right to charge additional costs inline with the increase. Should costs rise, Quantum Web Solutions will advise of the rate change verbally or by e-mail before providing any work at the newly adjusted rate.
We do not provide an industry or client exclusivity. However we do keep our client information strictly private and confidential, and aim for the best possible results for all our clients.
Warranty
We provide full warranty on the websites we build, while they are hosted on our servers. Should you the client decide to move the website to different hosting servers at anytime, or edit any of the core website files at anytime, all warranty will be void, and any corrective work will be chargeable.
Warranty does not cover technology updates. E.g. Microsoft releases a new version of Internet Explorer, and change browser features. We cannot guarantee everything will work as it previously had. Any changes as a result, will be chargeable. Websites being hacked, and upgrading of your technology being required are also at additional cost.
Warranty is void, if you, or anyone on your behalf makes changes to the website that effect core functionality.
